Quarantine and Isolation
The following materials are related to the authority and exercise of quarantine and isolation in U.S. jurisdictions. Materials are listed in alphabetical order by jurisdiction.
U.S. President, Executive Order 13375, Amendment to Executive Order 13295, Relating to Certain Influenza Viruses and Quarantinable Communicable Diseases, (April 1, 2005).
President George Bush issued this ammendment to include an additional definition.
Secretary of Health and Human Services, Waiver under section 1135 of the Social Security Act, (September 7, 2005).
This enables the waiver of requirements or regulations regarding health care providers, sanctions under the Emergency Medical Treatment and Labor Act (EMTALA), Medicare enrollees, and the Health Insurance Portability and Accountability Act (HIPAA). Measures to waive requirements were taken to meet the needs of Hurricane Katrina victims enrolled in the Medicare and Medicaid programs, and the State Children's Health Insurance Program (SCHIP).
State LawsArkansas Department of Health and Human Services, Memorandum Immunity Protection.
This memo was issued in response to Hurricane Katrina by Rick Hogan of the Arkansas Department of Health and Human Services, and provides a summary of federal and state laws relating to emergency personnel and their immunity from liability in the event of a declaration of emergency or public health emergency.
Arkansas Departments of Health and Human Services, Waiver of Immunization Requirements for Schools and Childcare Facilities for Children Displaced by Hurricane Katrina, (September 2, 2005).
Paul Halverson, Arkansas Public Health Officer, entered this order on September 2, 2005, and temporarily waived immunization requirements so that children from the Gulf Coast could attend school in Arkansas.
Arkansas Departments of Health and Human Services,Emergency Order: Temporary Waiver of Office of Emergency Medical Services and Trauma Systems Regulations Regarding Reciprocity, (September 3, 2005).
Paul Halverson, Public Health Officer, filed this emergency order on September 3, 2005, to respond to a shortage of emergency medical technicians (EMTs) in the Arkansas. The order temporarily suspends the process required for certification of EMTs from Tennessee, Kentucky, Alabama, Missouri, Mississippi, Louisiana, Oklahoma, Iowa, Indiana, and Texas.
Florida Department of Health, Quarantine and Isolation FAQ, November 7, 2006.
FAQ developed for Florida Judges, Lawyers and Law Enforcement.
Illinois State Leigislature, HB 5164, (Enrolled 7/28/2004).
A bill to amend the Illinois Department of Public Health Act and various other acts relating to public health emergencies, including the delegation of emergency powers to the State Department of Public Health to declare and enforce quarantine and isolation: Sponsor: House Representative S. Feighenholtz (introduced 2/5/2004) (Enrolled 7/28/2004).
Michigan Department of Community Health, Legal Authority Memorandum, (October 31, 2003).
Memorandum from Denise Chrysler, Director, and Joe Baumann, Policy Analyst, Office of Legal Affairs, Michigan Department of Community Health, to CDC reviewing Michigan's legal authority to respond to an outbreak of SARS. Written in response to an inquiry from CDC.
Minnesota Isolation, Quarantine and Mass Dispensing Law with 2005 Amendments: Minnesota Statutes, §§ 144.419-144.4197 (2005).
Nevada Senate Bill No. 82.
An act relating to public health establishing procedures for isolation or quarantine of persons with a communicable disease.
New Hampshire Office of Attorney General Quarantine Order.
Prepared by the New Hampshire Office of Attorney General in 2003 as part of the state's emergency preparedness activities. The order can be used by the New Hampshire Department of Health and Human Services to quarantine a person suspected of being exposed to a contagious disease and to subject them to a medical examination, including collection of bodily specimens for analysis.
New Hampshire Office of Attorney General Order of Isolation for Suspected Contagious Disease Patients.
Prepared by the New Hampshire Office of Attorney General in 2003 as part of the state's emergency preparedness activities. The order can be used by the New Hampshire Department of Health and Human Services to isolate persons believed to be infected with a contagious disease and subject them to a medical examination and collection of bodily specimens for analysis.
New Hampshire Office of Attorney General Order of Isolation for Suspected Tuberculosis Patients. Prepared by the New Hampshire Office of the Attorney General in 2003 as part of the state's emergency preparedness activities. It can be used by the New Hampshire Department of Health and Human Services to isolate persons suspected of having Tuberculosis, and to subject them to a medical examination and collection of bodily specimens.
New Hampshire Office of Attorney General Complaint for Compulsory Isolation or Quarantine Pursuant to RSA 141-C:12, III.
Prepared by the New Hampshire Office of the Attorney General in 2003 as part of the state's emergency preparedness activities. The Complaint can be used by the New Hampshire Department of Health and Human Services when an individual refuses to undergo ordered treatment. The signed complaint is attached to a copy of the Order for Treatment issued by the New Hampshire Department of Health and Human Services. The Complaint and Order can be enforced by law enforcement officers to compel an individual suspected of being infected with a contagious disease to undergo a medical examination.
New Hampshire Office of Attorney General Request for Superior Court Hearing under RSA 141-C:14-A to Review Order of Isolation or Quarantine. Prepared by the New Hampshire Office of the Attorney General in 2003 as part of the state's emergency preparedness activities. It can be used by a person who has been ordered to undergo an examination, immunization, treatment, isolation, or quarantine by the New Hampshire Department of Health and Human Services to request a hearing to contest the order.
Texas Deaprtment of State Health Services Communicable Disease Control Measures in Texas, August 10, 2007.
A manual from the Texas Department of State Health Services covering area quarantine and other measures.
Washington Department of Health, Chart for Use of Isolation or Quarantine.
An explanatory chart describing the use of isolation or quarantine legal documents, and a comprehensive list of options for initiating quarantine or isolation under statute WAC 246-100-040.
Washington Department of Health, Isolation & Quarantine Forms.
A form for a local health officers request for voluntary quarantine, prepared by the Washington State Department of Health on 12/22/2003.
Washington Department of Health, Emergency Involuntary Detention Order.
Sample templates for use by the local health official for court ordered involuntary isolation or quarantine due to imminent risk, originated by the Washington State Department of Health.
Washington Department of Health, Summons Detention ex parte petition Confidential schedule Declaration supporting ex parte detention petition when voluntary detention refused Order ex parte for involuntary detention.
Sample templates used by local health officers for refusal to comply with court ordered involuntary isolation or quarantine WAC 246-100-040.
Washington Department of Health, Declaration supporting motion for continued detention.
A sample of a declaration supporting a motion for a court order to continue isolation or quarantine in accordance with Washington State Department of Health statute WAC 246-100-040.
Also a sample copy of the order granting motion for continued detention: Order Granting Motion for Continued Detention.
Local LawsChicago Department of Public Health, Chicago Dept. of Public Health Quarantine & Isolation Regulations, (February 18, 2004).
Emergency regulations adopted by the Chicago Department of Public Health that authorizes more specific authority to quarantine and/or isolate persons to address a health hazard that presents an immediate risk to the public health.
King County, Washington, Isolation and Quarantine Toolkit.
Public Health Seattle & King County have released the "Isolation and Quarantine Toolkit," designed to support local public health jurisdictions' plans for large-scale isolation and quarantine responses. The Toolkit contains many legal forms that could be used in an emergency.
Articles and ReportsCenters for Law and the Public's Health: A Collaborative at Johns Hopkins and Georgetown Universities, Dismissal of School Children in the Context of Pandemic Influenza,April 2008.
In response to national pandemic preparedness priorities, CDC commissioned the independent Centers for Law and the Public's Health: A Collaborative at Johns Hopkins and Georgetown Universities to review the state-level legal framework for reducing the density of school classrooms, with specific focus on closure of schools, as a social distancing or social mitigation measure to slow the spread of an H5N1 influenza pandemic or similar highly contagious infectious disease. The Centers' researchers restricted their scope of inquiry to laws adopted at the state level and to laws that expressly address school closure. (The study did not address any relevant laws adopted at the local level, nor did it address any relevant general laws.) The Centers' report Legal Preparedness for School Closures in Response to Pandemic Influenza and Other Emergencies presents a summary description of the express state laws reviewed by the researchers as of late 2006, together with the authors' observations about those laws (click here to view the report). The report is also accessible on the federal government's comprehensive pandemic influenza website (http://www.pandemicinfluenza.gov) and on the Centers' website (http://www.publichealthlaw.net).
National Public Radio, Arizona TB Patient Jailed as a Public Health MenaceJunw 11, 2007.
A news report from NPR (June 11, 2007), describing a patient diagnosed with XDR-TB being held in an Arizona hospital under court order. (The content of this web link is copyrighted by NPR. This web link is used by permission from NPR.)
U.S. House of Representatives, "A Failure of Initiative: Final Report of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina"(February 15, 2006).
Govt. Accountability Office (GAO), "Disaster Preparedness: Preliminary Observations on the Evacuation of Hospitals and Nursing Homes Due to Hurricanes.", (February 16, 2006)
Released by the Govt. Accountability Office (GAO), February 16, 2006. The GAO obtained information on (1) who is responsible for deciding to evacuate hospitals and nursing homes, (2) what issues administrators consider when deciding to evacuate hospitals and nursing homes, and (3) what federal response capabilities support the evacuation of hospitals and nursing homes. This report documents the GAO's preliminary views.
Victoria Bannon and David Fisher, "Legal Lessons in Disaster Relief from the Tsunami, the Pakistan Earthquake and Hurricane Katrina",(March 15, 2006).
This article appeared in the March 15, 2006 issue on the American Society for International Law's (ASIL) Insight newsletter.
V McKeever, et al., Postexposure Prophylaxis, Isolation, and Quarantine To Control an Import-Associated Measles Outbreak - Iowa, 2004, vol. 53 Morbidity and Mortality Weekly Report (MMWR) p969 (October 22, 2004).
A published MMWR article about a measles outbreak in Iowa and the use of quarantine as well as other measures used to control the outbreak.
Congressional Research Service (CRS), Federal and State Quarantine and Isolation Authority, updated August 16, 2006.
PresentationsMary Trippler, Federal Authority for Isolation Quarantine.
A presentation at "The Public's Health and the Law in the 21st Century, 3rd Annual Conference" by Mary Trippler, Assistant U.S. Attorney , June 2004, Atlanta, Georgia.